同美國公民結婚,係咪一定要申請k-1去美國?

2009-11-02 6:35 am
以下有幾個問題好吾識,希望識的人幫幫la,thanksss!!! :-)


1.) 我同美藉男朋友拖左幾年拖, 諗住結婚, 如果我係持travel visa去美國同佢結婚得吾得?係咪一定要申請k-1 ? 如果用左travel visa過去同佢結婚會點ga? (而且每次用travel visa只可以留係美國最多半年.)

2.) K-1 係點申請,係咪要我男友係美國幫我申請? 定係我自己係香港美國領事館申請呢? 無論係我男朋友幫我申請or我自己係香港申請,係咪都要同領事官interview ?係邊度interview? USA or HK? 會吾會吾批呢?同埋會吾會因為結婚的理由,領事官甚至會取消我個travel visa 呢?知吾知大概會係問咩問題?

3.) k-1 申請時間要幾耐先有得拎ga?批的機會有幾多?知吾知要交d咩資料呢?

4.) 若果去左美國之後,申請緊綠卡期間,係咪有規定要一段日子吾可以返香港呢? 同埋去左等待拎綠卡期間,又會吾會要求要返香港辦手續ga?


5.) 若果申請緊green card 期間,我將會持咩証呢? (如果我係用k-1去美國的話,k-1的有效期有幾耐呢?),( 如果我係用travel visa去,咁我那時係咪仲可以用呢?) , 若果結婚後,我係咪可以入紙 I-130 申請工作許可証及回美證就可以工作及出入美國.再等1-2年攞到綠咭?

其實整個程序我都吾係好明要點做,介吾介意講一講下呢?
例如,係吾係先申請 k-1 ---- 去美國------ 申請green card----(i dont know)???
如果用travel visa 去又會點呢?

希望有人可以解答下la. 我希望可以快d去到戈邊,而且吾洗2邊走來走去交資料, THANK YOU SO MUCH!!!!

回答 (2)

2009-11-02 10:43 am
✔ 最佳答案
1. It is possible, but not recommended. See below.

2. In order to apply K-1 Visa, your boyfriend must be petition for you (using USCIS Form I-129F). Upon approval, the U.S. Consulate will contact you for interview and further process. Your travel visa will be eventually canceled because K-1 is a dual-purpose visa (it is a non-immigrant visa with the intention to immigrate).

3. K-1 processing time is highly depended on USCIS. So best estimate about 3-6 months. For detail on documents needed, please refer to:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a10e4154d7b3d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

4. Yes. You should not leave because the application takes about 6 months to 1 year. In the case of K-1, no if you can produce all the documents needed.

5. K-1 Visa is only valid for 90-day stay in the United States (since it is designed as a bridging visa for immigration). Therefore, you must get married with 90 days of staying and adjusting your status.

When you are adjusting status, technically you hold no status at all (The official term is I-485 pending). That's why you can't leave as there is no guarantee you can get back. However, employment authorization can be authorized if you apply I-485 at the same time (and it is free).

"See Below":

Basically there are 4 ways to apply for permanent residency:

1. I-129F > K-1 > Get Married > I-485 + I-765 > IR / CR

2. Get Married > I-130 > K-3 > I-485 + I-765 > IR / CR

3. Get Married > I-130 > IR / CR

4. B1/B2 > Get Married > I-130 + I-485 + I-765 > IR / CR

What makes the difference is the time and the money cost and where you are waiting for the permanent residency.

#3 is the cheapest, easiest but you can't enter the United States until you are approved (You will stay in Hong Kong in all time).

2009-11-02 02:44:00 補充:
#4 is the fastest (since you have the visa), but the most trouble-making (as they will focus on your intentional violation of your staying condition). Also, there is a risk that you can be denied entry.

It really depends on how you want it.

2009-11-02 02:44:14 補充:
Let me know if you need any references.
2009-11-02 1:52 pm
you have a lot of questions. but they almosts the same in answer.

the y differeent between the travel visa or K1 visa is:

travel visa is you have to wait at least 2 years to receive your green card IF THEY APPROVED your marriage application.
K1 visa is good for 90 day once you landed USA, you will receive your green card in about 6 months after you get married. it is a PRE-APPROVED status. no more interview needed in USA.
* use travel visa, you MAY get the 1 year temporlary working premit after they ( USCIS ) accepted your i-130, i-485 applications. during the waitting period, you can not go back to HK until you received the green card.

* K1 visa, you can work right after you get married. ( but you need to apply the social security card first so enable to work.--- it takes 2, 3 weeks )

so, you decide which way is good for you to do lar..

PS. as you know, use travel visa you may be denied in green card application. i will say....15/80 chnace reject.


2009-11-02 05:54:19 補充:
you boy friend apply the K1 for you, you get the interview in HK.
about 6 months in proccess.

2009-11-02 05:55:56 補充:
if both of you not sure what to do. i suggest use immigration lawyer to handle the case.
參考: live in US over 30 yrs

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